From the Rav’s Desk: Retrieving cakes that I threw out before Pesach

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  1. Question: [Monday, 23rd Nissan, 5781]

Before Pesach, I threw out an entire box of sealed Osem cakes into a public area and noticed that the box is still there, went untouched throughout the entire duration of Pesach, and I would like to know if I can take it back and eat it.

Answer:

Although this matter is debated amongst the Poskim, practically, you may not eat it and are therefore to throw it into the garbage so no other Jew comes to eat it either. This applies whether or not you performed Mechiras Chametz to the Gentile.

Explanation: Although it is even initially permitted for one to discard his Chametz by throwing it into a public for all area prior to the start of the prohibition against owning it, nevertheless, according to some Poskim, and so is the ruling of Admur, the sages decreed against retrieving this Chametz after Pesach due to worry that if doing so were allowed one may discard it with intent to retrieve after Pesach and thus not fully disown it to begin with. This prohibition applies even if one sold his Chametz prior to Pesach, as Chametz that was discarded before Pesach was disowned and cannot possibly be included in the sale to the gentile.

Sources: See Admur 448:29-30; Kuntrus Acharon 436:6; See lengthy discussion of Admur on this matter brought in Sheiris Yehuda O.C. 14; M”A 448:8 “The same applies to one who disowned his Chametz”; Peri Chadash 448:5; P”M 448 A”A 8 Other opinions: See Opinion brought by Admur, quoted in Sheiris Yehuda O.C. 14; Olas Tamid 447:11 in name of Rikanti 157, brought in P”M ibid]

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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